ITC credit in GST

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A query on GST :

Party A in Delhi has shipped goods to Party B in Delhi ; Party B has sent the goods to Party C ( ultimate recipient of goods) in Jharkhand. The Invoice is Billed to JH party and CGST and SGST has been levied instead of IGST. Now will the party in JH be able to claim Input ??

Replies (6)
no bcoz this(SGST- and IGSt) is not output tax
No, C can can't claim Itc unless IGST is charges on invoice.
No
No he cannot take itc
Here what I understand your query A of Delhi placed Order to B of Delhi to Deliver goods to C of Jharkhand.

Refering to Section 10(1)(b) of IGST Act, B of Delhi issue a Tax Invoice to A of Delhi charging CGST + SGST instead of IGST as it will be treated as transfer of document.

and,

A of Delhi will issue Tax Invoice to C of Jharkhand charing IGST..C of Jharkhand be A of Delhi's Branch, Warehouse, of Agent (shall be treated as different entity to transfer credit of IGST) or independant person even.

JH party can request the Delhi party to amend the invoice.(or) They can wait till the Inputs come in their GSTR-2A and then claim input.


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